ILLINOIS
POLLUTION CONTROL BOARD
January
6,
1972
JOHN
&
LUELLA
WOJCIK
#
71-350
ENVIRONMENTAL PROTECTION AGENCY
Opinion and Order
of the Board
(by Mr.
Currie).
Mr.
&
Mrs. Wojcik filed
a variance petition asking
permission
to connect
a new home
to the sewers
in the North
Shore Sanitary District,
as is forbidden by our
order of March
31,
1971,
in League of Women Voters v.
North Shore Sanitary
District,
# 70-7,
We requested additional information, which was
received
in
a letter dated December
14.
On the Basis of the
petition and supplemental
letter we dismiss the petition on the
ground that,
even
if
all allegations were proved,
the petitioners
would not be entitled to the relief requested.
The allegations make clear
that in the present case there
is
neither the hardship of those whose present living quarters
are intolerable
(see McAdams
v.
EPA,
#71—113, August
13,
1971),
nor that
of those who began construction
of their home before
the date of the ban,
as
in Wachta v.
EPA,
#71—77
(August
5,
1971).
The case
is governed by
such precedents as Monyek
v.
EPA,
#71-80
(July 19,
1971),
in which we held
that
in order to prevent increased
pollution during the period of construction
of the improved treat-
ment facilities connection variances will
not be allowed
in the
absence
of particular hardship.
The petition is hereby dismissed.
We note
the pendency of
a variance request by
the District
itself
(#71-343)
,
seeking partial relaxation
of the connection
ban in recognition of certain interim improvements
in sewage
treatment.
If
relief
is granted in that proceeding,
it may
inure
to the benefit of the petitioners
in the present case.
I, Christan Moffett, Clerk of the Pollution Control Board, certify
that the
Board adopted the above Opinion and Order
this
~
day of January,
1972 by vote of
~1.
Q
3
—
379